A federal judge in New York has struck down a Trump administration policy that suspended the issuance of immigrant visas to people from 75 countries, including Haiti and Jamaica.
U.S. District Judge Jeannette Vargas ruled Friday that the policy exceeded Secretary of State Marco Rubio’s legal authority and violated federal immigration law. The State Department introduced the policy in January, saying it was aimed at immigrants from countries it considered at high risk of relying on public benefits in the United States.
The policy required consular officers to refuse certain immigrant visa applications based on the applicant’s nationality, rather than making an individual determination about whether that person qualified for a visa. Judge Vargas found that approach unlawful and vacated the policy.
For Haitian and Jamaican families, the ruling could have a direct impact. Both Haiti and Jamaica were among the 75 countries included in the January suspension, leaving some immigrant visa applicants unable to move forward with their cases.
The court’s decision also sets aside visa refusals that were based solely on the now-invalid policy and sends those cases back for further review. However, the ruling does not automatically grant visas to everyone who was affected. Applicants will still have to meet the requirements under U.S. immigration law.
The policy had been challenged by immigration advocacy organizations, visa applicants and U.S. citizens whose family members were affected. The groups argued that the blanket suspension separated families and improperly treated nationality as a reason to deny eligible applicants.
The Trump administration could appeal the ruling, meaning the legal fight may not be over.
For families in Haiti, Jamaica and the other affected countries who have been waiting to reunite with loved ones in the United States, Friday’s decision could be an important step toward getting their immigration cases moving again.
